Lexology November 28, 2023
A federal court recently denied the U.S. Chamber of Commerce (the “Chamber”) and their state and local chapters’ request for a preliminary injunction to block Medicare from negotiating drug prices with manufacturers under the Biden Administration’s new program. The program was established under the Inflation Reduction Act (“IRA”) in 2022 and gave Medicare Parts B and D the power to select prescription medicines with no generic or biosimilar competition and negotiate a “maximum fair price” to go into effect in 2026.
U.S. District Judge Michael J. Newman in Ohio’s Southern District rejected the Chamber’s argument that the program forces drugmakers to accept unfairly low prices because participating in Medicare is “completely voluntary.” Also, Judge Newman issued no opinion on the...
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